Summary Offences and Crown Court

Governed by Part 37 CPR 2010 normally
Crown Court may deal with summary offences in the following circumstances
1. Commital for sentence
  1. s3 PCC(S)A
    1. s4 PCC(S)A
      1. GP to an e/w offence A but NG to a related e/w offence B
        Offence B is sent to CC
        Offence A is sent to CC for sentence
      2. s6 PCC(S)A
        Where a d is committed for sentence under:
        s3, s3A or s4
        s13(5) offence committed in breach of a CC conditional charge
        sch 12, para 11 CJA 2003 breach of a CC suspended sentence of imprisonment
        Mags can commit for any offences (summary or e/w which he is convicted
        CC powers for sentence are limited to MC for s6 offences by s7 PCC(S)A
        s6(3) Criminal Law Act 1967
        Alternative verdicts reached by a jury for a summary offence
        An offence not on the indictment
        the allegation on the indictment charge amount to or include by implication an allegation of another indictment
        the jury finds him NG of the charge on the indictment
        s40 summary offences can be included
        What type of offences can have alternative verdict
        Wounding, Assault (ABH) racially aggravated common assault are alternatives verdicts of common assault
        it is not necessary to have a separate count on the indictment (s40) for a low value criminal damage that would normally be tried summarily (R v Fennell)
        s40 CJA 1988
        Conviction of a summary offence on the indictment
        s41 CJA 1988
        Summary offence on the back of the indictment
        for summary offences punishable with imprisonment or disqualification where the d is:
        committed for trial on an e/w offence s.41
        sent for trial on an indictable-only offence s51
        The summary offence must arise out of circs which appear to the court to be same or connected with those giving rise to one of the e/w or indictable only offences being committed or sent for trial
        allows a d convicted in the CC to plead guilty and be sentenced for related summary matters
        Disposal : Conviction on an added count to the indictment under s40 CC is limited to MC powers of sentence
        Procedure
        Reviewing counsel prepares a schedule listing the summary offences to be committed under s.41 and s51
        Summary offences adjourned without a date in MC to await the outcome in CC
        the committal papers under s51 need not contain evidence relating to the summary offence
        the decision of MC to commit a summary offence is not subject to appeal
        Sched 3 Para 6
        ? CTL
        s51 CDA 1998
        An adult appears b4 a MC charged:
        with an indictable only offence
        e/w offence where MOT results in indictment trial
        notice given to the court: serious or complex fraud cases or cases involving children
        s51B
        s.51(3)
        An adult sent for trial under s51, the court must also send any e/w or summary offence with which he is charged
        if that e/w offence is related to main offence
        or in the case of a summary offence is also punishable with imprisonment
        s51(11)
        is the offence arising out of circs which are the same as connected with those giving rise to the indictable offence
        s.51E(c) and (d)
        can be joined in the same indictment
        If d is convicted of indictable offence d is asked to plead for summary offence
        GP - MC passes sentence
        NG plea CC powers for summary offence cease
        unless P indicate they would not submit evidence in respect of the summary offence. The court dismisses it
        CC sits as DJ - s66 Courts ACt 2003
        s40(3) CJA 1998
        Common Assault
        s39 CJA 1988
        Assaulting a prison custody officer
        s90(1) CJA 1991
        Assault a secure training centre custody officer
        s.13(1) CJPOA 1994
        TWOC
        s12 Theft Act 1968
        Driving whilst disqualified
        s103 RTA 1988
        Low value criminal damage
        s22 and Schedule 2 MCA 1980
        An indictment may only include such an offence if the charge is:
        founded on same facts or evidence as a count charging an indictable offence
        the facts or evidence relating to the summary offence were disclosed in the MC committal papers or prosecution papers served in respect of a person sent for trial under s.51
        An offence cannot be added to the indictment under s.40 if it was transferred under s53 CJA 1991
        A summary offence cannot be added as a count under s40 if it is related only to another summary offence included under s.40
        e.g. an offence of drivng while disqualified cannot be added to an indictment if the only link is the summary offence of taking a motor vehicle without consent (R v Callaghan)
        Charges to be added to an indictment under s.40 should be prepared:
        as counts on the indictments
        clearly marked that they are not subject to committal
        incorporated and served with the committal package on the defence and court
        If a d is convicted of an added count under s40 CC is limited to powers of MC (s40(2)
    2. GP or convicted of an e/w offence
      1. CC can sentence as if convicted in CC
        s5 PCC(S)A
    3. s3(A)
      1. Dangerous Offenders
        Conviction after summary trial of a dangerous offence if criteria for s226A would be met
  2. Sentencing powers of Mags inadequate
Commital for sentence

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Summary Offences and Crown Court

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